Common use of Termination of Merger Fund Clause in Contracts

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve (12) months after the Effective Time shall be delivered to the Buyer, and any holders of Certificates who have not theretofore complied with this Article 1 shall thereafter look only to the Buyer for payment of the Merger Consideration, subject to escheat and abandoned property and similar laws.

Appears in 2 contracts

Samples: Merger Agreement (Extendicare Health Services Inc), Merger Agreement (Assisted Living Concepts Inc)

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Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve (12) months after the Effective Time shall be delivered to the BuyerSurviving Corporation, and any holders of Certificates who have not theretofore complied with this Article 1 II shall thereafter look only to Parent and the Buyer Surviving Corporation for payment of the Merger ConsiderationConsideration per share of Company Common Stock, subject to escheat and abandoned property and similar lawsLaws (as hereinafter defined).

Appears in 2 contracts

Samples: Merger Agreement (EGL Holding CO), Merger Agreement (Select Medical Corp)

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve (12) months after the Effective Time shall be delivered to the BuyerSurviving Corporation upon demand, and any holders of Certificates who have not theretofore complied with this Article 1 II shall thereafter look only to the Buyer Surviving Corporation and only as general creditors thereof for payment of the Merger Consideration, subject to escheat and abandoned property and similar lawsLaws.

Appears in 2 contracts

Samples: Merger Agreement (United Surgical Partners International Inc), Merger Agreement (Symbion Inc/Tn)

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve eighteen (1218) months after the Effective Time shall shall, at the request of the Surviving Corporation, be delivered to the BuyerSurviving Corporation or otherwise on the instruction of the Surviving Corporation, and any holders of the Certificates who have not theretofore complied surrendered such Certificates in compliance with this Article 1 Section 2.8 shall thereafter after such delivery to Surviving Corporation look only to the Buyer Surviving Corporation or Parent for payment of the Merger Consideration, subject Consideration pursuant to escheat and abandoned property and similar lawsthis Article II.

Appears in 1 contract

Samples: Merger Agreement (Bio Lok International Inc)

Termination of Merger Fund. Any portion of the Merger Fund which that remains undistributed to the holders of Certificates Company Common Stock for twelve (12) months after the Merger Effective Time shall be delivered to the BuyerParent, upon demand, and any holders holder of Certificates Company Common Stock who have has not theretofore complied with this Article 1 III shall thereafter look only to the Buyer Surviving Corporation as general unsecured creditors with respect to the applicable Merger Consideration and subject to abandoned property, escheat or other similar laws for payment of the its claim for Merger Consideration, subject to escheat and abandoned property and similar laws.

Appears in 1 contract

Samples: Merger Agreement (Zimmer Biomet Holdings, Inc.)

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates or Book-Entry Shares for twelve (12) months 180 days after the Effective Time shall be delivered to the BuyerSurviving Corporation, and any holders of Certificates or Book-Entry Shares who have not theretofore complied with this Article 1 Section 2.2 shall thereafter look only to the Buyer Surviving Corporation, and only as general creditors thereof for payment of the Merger Consideration, subject to escheat and any applicable escheat, abandoned property or similar Law and similar lawsthe articles of incorporation of the Surviving Corporation.

Appears in 1 contract

Samples: Merger Agreement (Omni Energy Services Corp)

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve (12) months after the Effective Time shall be delivered to the Buyer, and any holders of Certificates who have not theretofore complied with this Article 1 2 shall thereafter look only to the Buyer for payment of the Merger Consideration, subject to escheat and abandoned property and similar laws.

Appears in 1 contract

Samples: Merger Agreement (Extendicare Inc /Can/)

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Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve six (126) months after the Effective Time shall shall, at the request and on the instruction of the Surviving Corporation, be delivered to the BuyerSurviving Corporation, and any holders of the Certificates who have not theretofore complied surrendered such Certificates in compliance with this Article 1 Section 2.02 shall thereafter after such delivery to the Surviving Corporation look only to the Buyer Surviving Corporation for payment of the Merger Consideration, subject Consideration pursuant to escheat and abandoned property and similar lawsSection 2.01.

Appears in 1 contract

Samples: Merger Agreement (Polaroid Holding Co)

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve (12) months 180 days after the Effective Time shall be delivered to the BuyerSurviving Corporation, and any holders of Certificates who have not theretofore complied with this Article 1 II shall thereafter look only to the Buyer Surviving Corporation and only as general creditors thereof for payment of the Merger Consideration, subject to escheat and abandoned property and similar lawsLaws.

Appears in 1 contract

Samples: Merger Agreement (Us Oncology Inc)

Termination of Merger Fund. Any portion of the Merger Fund which remains undistributed to the holders of Certificates for twelve eighteen (1218) months after the Effective Time shall shall, at the request of the Surviving Corporation, be delivered to the BuyerSurviving Corporation or otherwise on the instruction of the Surviving Corporation, and any holders of the Certificates who have not theretofore complied surrendered such Certificates in compliance with this Article 1 Section 2.7 shall thereafter after such delivery to Surviving Corporation look only to the Buyer Surviving Corporation for payment of the Merger Consideration, subject Consideration pursuant to escheat and abandoned property and similar lawsthis Article II.

Appears in 1 contract

Samples: Merger Agreement (Acxiom Corp)

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